McGill, Re, (1979) 21 A.R. 449 (QB)

• Judge: Dechene, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 13, 1979
• Citations: (1979), 21 A.R. 449 (QB)

McGill, Re (1979), 21 A.R. 449 (QB)

MLB headnote and full text

Re McGill

(98867, 98110)

Indexed As: McGill, Re

Alberta Court of Queen's Bench

Judicial District of Edmonton

Dechene, J.

November 20, 1979.

Summary:

This headnote contains no summary.

Family Law - Topic 198

Marriage - Capacity to marry - Mental capacity - An elderly woman, who suffered from multiple sclerosis, wished to marry an 80 year old man with whom she had lived and who had cared for her for five years - Her two sisters opposed the marriage and obtained an injunction to restrain the marriage on the ground that she did not have the mental capacity to marry - The woman applied to vacate the injunction and her sisters applied for an order confirming the injunction and ordering her confinement to a hospital or nursing home - The Alberta Court of Queen's Bench vacated the injunction and dismissed the application for her confinement - The Court of Queen's Bench accepted the evidence of the woman's personal physician that she understood and appreciated the nature and responsibility of marriage and that the marriage was important for her psychological welfare.

Cases Noticed:

Park, Park v. Park, [1953] 2 All E.R. 1411, consd. [para. 15].

Counsel:

C. Head, for the Public Trustee;

D. Cranston, for Mrs. Scott and Mrs. Peirce;

A.L.W. Friedman, for Mr. Peal and Miss McGill.

This case was heard on November 13, 1979, at Edmonton, Alberta, before DECHENE, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on November 20, 1979: